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City Council

Regular Meeting

Mountain View, CA · January 26, 2016

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Minutes

CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 26, 2016 - 5:30 PM CITY COUNCIL MEETING MINUTES COUNCIL CHAMBERS - 500 CASTRO ST. Christopher R. Clark, Councilmember Ken S. Rosenberg, Vice Mayor John M. Inks, Councilmember John McAlister, Councilmember R. Michael Kasperzak, Jr., Councilmember Leonard M. Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk Patricia Showalter, Mayor Jannie L. Quinn, City Attorney January 26, 2016 Council Chambers - 500 Castro St. 5:30 P.M.-STUDY SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor Showalter called the meeting to order at 5:30 p.m. 2. ROLL CALL Present: 7- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Vice Mayor Rosenberg, and Councilmember Siegel 3. STUDY SESSION 3.1 Review Plan Bay Area Presentation (ABAG). For information and discussion. Association of Bay Area Governments Senior Regional Planner Mark Shorett presented an oral report and responded to Council's questions. The Study Session concluded at 6:07 p.m. 6:30 P.M.-REGULAR SESSION (HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER Mayor Showalter called the meeting to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Showalter led the Pledge of Allegiance. City of Mountain View Page 1 City Council MEETING MINUTES 1/26/2016 3. ROLL CALL Present: 7- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Vice Mayor Rosenberg, and Councilmember Siegel 4. CONSENT CALENDAR MOTION - M/S Rosenberg/Kasperzak - To approve the Consent Calendar. The motion carried unanimously. 4.1 Approval of Minutes. That City Council approve the Minutes of the January 12, 2016 Council meeting. 4.2 Ordinance Authorizing the Implementation of a Community Choice Aggregation (CCA) Program (Second Reading). Adopt Ordinance No. 2.16 of the City Council of the City of Mountain View Authorizing the Implementation of a Community Choice Aggregation (CCA) Program. (First reading: 7-0) 4.3 Notice of Intention to Vacate Public Easements on Pacific Drive and Adjacent Parking Area. Adopt Resolution No. 18021 of Intention to Vacate Public Easements on Pacific Drive and Adjacent Parking Area, to be read in title only, further reading waived, and set a date for a public hearing to consider the vacation for February 23, 2016 (Attachment 3 to the Council report). 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Don Letcher expressed concerns with Council selling or giving away City land. Mr. Letcher also expressed concerns with Council borrowing money from the Shoreline Regional Park Community. Patrick Moore expressed concerns with bicycle and pedestrian fatalities, and spoke to the importance of making the City safer for bicyclists and pedestrians. Job Lopez expressed appreciation to Council for passing the fair rental practices ordinance. Mr. Lopez also reported on the Mountain View Tenants Coalition meeting, and what families were sharing about their rental experiences. Mr. Lopez also responded to Council's questions. Linda Curtis expressed concerns with gentrification in the City of Mountain View, and she presented recommendations to remedy the situation. City of Mountain View Page 2 City Council MEETING MINUTES 1/26/2016 6. PUBLIC HEARING - None. 7. NEW BUSINESS 7.1 Detachment of Jardin Drive Properties. Councilmember Kasperzak recused himself from acting on this item and left the dais. Associate Planner Anderson presented an oral report and he, Public Works Director Fuller, Acting City Manager Kong and Community Development Director Tsuda, responded to Council's questions. SPEAKING FROM THE FLOOR IN SUPPORT OF STAFF'S RECOMMENDATION: Stephen Friedman. Mr. Friedman also responded to Council's questions. Susan Yung Jae Won Shin Ha Pham Barbara Daniels. Ms. Daniels also responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR IN OPPOSITION: Gary Wesley Linda Curtis Larry Voytilla MOTION - M/S Inks/Clark - To adopt Resolution No. 18022 Supporting Detachment of 2131 Jardin Drive (APN 170-22-007), 2139 Jardin Drive (APN 170-22-006), 2147 Jardin Drive (APN 170-22-005), 2155 Jardin Drive (APN 170-22-004), 2163 Jardin Drive (APN 170-22-003), 2171 Jardin Drive (APN 170-22-002), and a Portion of 382 North Avalon Drive (APN 170-22-087), to be read in title only, further reading waived, and a determination that the detachment is categorically exempt pursuant to Section 15319 (“Annexations of Existing Facilities and Lots for Exempt Facilities”) of the California Environmental Quality Act (CEQA) Guidelines (Attachment 1 to the Council report). The motion carried by the following vote: Yes: 5- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Inks, and Councilmember Siegel No: 1- Vice Mayor Rosenberg Recused: 1- Councilmember Kasperzak City of Mountain View Page 3 City Council MEETING MINUTES 1/26/2016 7.2 Federal Legislative Priorities and Issues for Fiscal Year 2016. Assistant to the City Manager Thomas presented an oral staff report and she, Acting City Manager Kong and City Attorney Quinn, responded to Council's questions. MOTION - M/S Kasperzak/Siegel - To approve recommendations for Federal-level legislative priorities and issues for the annual Council Washington, D.C., trip for the National League of Cities (NLC) Congressional City Conference (March 5 to March 9, 2016), as outlined in this report and consistent with the NLC and League of California Cities priorities and Council policy, including a visit with the Federal Transit Administration and adding Medicinal Marijuana as an additional priority issue for discussion. The motion carried by the following vote: Yes: 6- Councilmember McAlister, Mayor Showalter, Councilmember Clark, Councilmember Kasperzak, Vice Mayor Rosenberg, and Councilmember Siegel No: 1- Councilmember Inks Council recessed at 8:09 p.m. and reconvened at 8:19 p.m. 7.3 Approve Plans and Specifications for McKelvey Park, Approve Name for Mini-Park. Councilmember McAlister and Mayor Showalter recused themselves from acting on the Plans and Specifications discussion portions of the item and left the dais. Assistant Public Works Director Solomon presented an oral staff report and she, Public Works Director Fuller and Community Services Director de la Montaigne, responded to Council's questions. SPEAKING FROM THE FLOOR EXPRESSING CONCERNS AND/OR WITH RECOMMENDATIONS: Tapan Bhat Rahul Singh Tania Bisnas Larry Voytilla Linda Curtis Kristi Allen Irena Stepanova City of Mountain View Page 4 City Council MEETING MINUTES 1/26/2016 SPEAKING FROM THE FLOOR IN SUPPORT AND/OR WITH QUESTIONS: Jim Evans Gene Lee Mike Reelfs, Mountain View Little League President Serge Bonte John Scarboro Patrick Moore MOTION - M/S Inks/Kasperzak - To approve Plans and Specifications for the Permanente Creek Flood Protection Project, McKelvey Park. The motion carried by the following vote: Yes: 5- Councilmember Clark, Councilmember Inks, Councilmember Kasperzak, Vice Mayor Rosenberg, and Councilmember Siegel Recused: 2- Councilmember McAlister, and Mayor Showalter SPEAKING FROM THE FLOOR RECOMMENDING A NAME FOR THE MINI PARK: Gene Lee Jim Evans Serge Bonte Bill Martin Linda Curtis MOTION - M/S McAlister/Clark - To select “McKelvey Ball Park” as the name for the baseball field and Schaefer Park for the associated mini-park. The motion carried unanimously. 8. COUNCIL, STAFF/COMMITTEE REPORTS Councilmember Clark reported on his attendance last week at the Mayor's Innovation Project in Washington D.C. Councilmember McAlister and Councilmember Kasperzak reported on their attendance last week at the League of California Cities Policy Committee meetings in Sacramento. Councilmember Kasperzak also reported on his attendance at the Bay Area Water Supply and Conservation Agency Board of Directors meeting. Vice Mayor Rosenberg reported on his visit last week with the delegation from Guangzhou, China. Mayor Showalter reported on her attendance last week at the U.S. Conference of Mayors in Washington D.C. 9. CLOSED SESSION REPORT - None. City of Mountain View Page 5 City Council MEETING MINUTES 1/26/2016 10. ADJOURNMENT - At 9:36 p.m., Mayor Showalter adjourned the meeting to the next Council meeting to be held on Tuesday, February 2, 2016 at 6:30 p.m. in the Council Chambers, 500 Castro Street. ATTEST: APPROVED: ____________________________ ____________________________ LORRIE BREWER, MMC PAT SHOWALTER CITY CLERK MAYOR City of Mountain View Page 6

Agenda

CITY OF MOUNTAIN VIEW TUESDAY, JANUARY 26, 2016 - 5:30 PM CITY COUNCIL AGENDA AND NOTICE COUNCIL CHAMBERS - 500 CASTRO ST. Christopher R. Clark, Councilmember Ken S. Rosenberg, Vice Mayor John M. Inks, Councilmember John McAlister, Councilmember R. Michael Kasperzak, Jr., Councilmember Leonard M. Siegel, Councilmember Daniel H. Rich, City Manager Lorrie Brewer, City Clerk Jannie L. Quinn, City Attorney Patricia Showalter, Mayor Council Chambers - 500 Castro St. 5:30 PM Tuesday, January 26, 2016 5:30 P.M.-STUDY SESSION (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER 2. ROLL CALL Councilmembers Clark, Inks, Kasperzak, McAlister, Siegel, Vice Mayor Rosenberg, and Mayor Showalter 3. STUDY SESSION 3.1 Review Plan Bay Area Presentation (ABAG). Recommendation(s): For information and discussion. Attachment(s): Study Session Memo 6:30 P.M.-REGULAR SESSION (TO BE HELD IN THE COUNCIL CHAMBERS) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Councilmembers Clark, Inks, Kasperzak, McAlister, Siegel, Vice Mayor Rosenberg, and Mayor Showalter 4. CONSENT CALENDAR These items will be approved by one motion unless any member of the Council or audience wishes to remove an item for discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise. City of Mountain View Page 1 of 5 City Council AGENDA AND NOTICE TUESDAY, JANUARY 26, 2016 - 5:30 PM 4.1 Approval of Minutes. Recommendation(s): That City Council approve the Minutes of the January 12, 2016 Council meeting. Attachment(s): 01-12-16 Council Minutes 4.2 Ordinance Authorizing the Implementation of a Community Choice Aggregation (CCA) Program (Second Reading). Recommendation(s): Adopt an Ordinance of the City Council of the City of Mountain View Authorizing the Implementation of a Community Choice Aggregation (CCA) Program. (First reading: 7-0) Attachment(s): Council Report ATT 1 - Ordinance 4.3 Notice of Intention to Vacate Public Easements on Pacific Drive and Adjacent Parking Area. Recommendation(s): Adopt a Resolution of Intention to Vacate Public Easements on Pacific Drive and Adjacent Parking Area, to be read in title only, further reading waived, and set a date for a public hearing to consider the vacation for February 23, 2016 (Attachment 3 to the Council report). Attachment(s): Council Report ATT 1 - Existing Easements ATT 2 - Proposed Easements ATT 3 - Resolution 5. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda. Speakers are allowed to speak on any number of topics for one three-minute period during the meeting. State law prohibits the Council from acting on nonagenda items. 6. PUBLIC HEARING - None. 7. NEW BUSINESS City of Mountain View Page 2 of 5 City Council AGENDA AND NOTICE TUESDAY, JANUARY 26, 2016 - 5:30 PM 7.1 Detachment of Jardin Drive Properties. Recommendation(s): Adopt a Resolution Supporting Detachment of 2131 Jardin Drive (APN 170-22-007), 2139 Jardin Drive (APN 170-22-006), 2147 Jardin Drive (APN 170-22-005), 2155 Jardin Drive (APN 170-22-004), 2163 Jardin Drive (APN 170-22-003), 2171 Jardin Drive (APN 170-22-002), and a Portion of 382 North Avalon Drive (APN 170-22-087), to be read in title only, further reading waived, and a determination that the detachment is categorically exempt pursuant to Section 15319 (“Annexations of Existing Facilities and Lots for Exempt Facilities”) of the California Environmental Quality Act (CEQA) Guidelines (Attachment 1 to the Council report). Attachment(s): Council Report ATT 1 - Resolution-CalWater ATT 2 - Property Owner Letter ATT 3 - Los Altos Letter ATT 4 - 1951 Annexation Boundary ATT 5 - Alternate Resolution - City Water 7.2 Federal Legislative Priorities and Issues for Fiscal Year 2016. Recommendation(s): Approve recommendations for Federal-level legislative priorities and issues for the annual Council Washington, D.C., trip for the National League of Cities (NLC) Congressional City Conference (March 5 to March 9, 2016), as outlined in this report and consistent with the NLC and League of California Cities priorities and Council policy. Attachment(s): Council Report ATT 1 - FY 2015 Fed. Legislative Priorities and Issues ATT 2 - NLC Federal Priorities-2015-16 ATT 3 - LCC Federal-Priorities-2015-16 ATT 4 - Council Policy A-16 7.3 Approve Plans and Specifications for McKelvey Park, Approve Name for Mini-Park. Recommendation(s): 1. Approve Plans and Specifications for the Permanente Creek Flood Protection Project, McKelvey Park. 2. Select “McKelvey Park” as the name for the associated mini-park. Attachment(s): Council Report ATT 1 - PRC Staff Report ATT 2 - PRC Minutes ATT 3 - Article City of Mountain View Page 3 of 5 City Council AGENDA AND NOTICE TUESDAY, JANUARY 26, 2016 - 5:30 PM 8. COUNCIL, STAFF/COMMITTEE REPORTS No action will be taken on any questions raised by the Council at this time. 9. CLOSED SESSION REPORT 10. ADJOURNMENT The next Council Meeting will be held on Tuesday, February 2, 2016, at 6:30 p.m. in the Council Chambers, 500 Castro Street. NOTICE There is a 90-day limit for the filing of a challenge in Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting. For information on the next regular or special City Council meeting, please call (650) 903-6304. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office, 500 Castro Street, Third Floor, during normal business hours and at the Council Chambers at City Hall, Second Floor, during the meeting. In addition, such writings and documents will be posted on the City's web site at www.mountainview.gov. City of Mountain View Page 4 of 5 City Council AGENDA AND NOTICE TUESDAY, JANUARY 26, 2016 - 5:30 PM COUNCIL MEETINGS AND AGENDA The City Council meets regularly on the second and fourth Tuesday of each month at 6:30 p.m. in the Council Chambers at City Hall, 500 Castro Street, Second Floor. Special meetings are called as necessary by the Mayor and noticed at least 24 hours in advance. Interested parties may review the agenda, minutes and staff reports at the Mountain View Library, 585 Franklin Street, beginning the Thursday evening before each meeting and at the City Clerk's Office, 500 Castro Street, Third Floor, beginning Friday morning. Agenda materials may also be viewed electronically at www.mountainview.gov. Staff reports are also available at the Council Chambers during the meeting. SPECIAL NOTICE—Reference: Americans with Disabilities Act, 1990. Anyone who is planning to attend the next City Council meeting who is visually or hearing-impaired or has any disability that needs special assistance should call the City Clerk's Office at 903-6304 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed during the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. The Council meetings are cablecast live on Channel 26 on the Mountain View Comcast cable system and are replayed on Thursday at 6:30 p.m., Saturday at 10:00 a.m., and Sunday at 5:00 p.m. following that week's Council meeting. In addition, Council Regular meetings are webcasted, and interested persons may visit the City's web site at www.mountainview.gov to watch the meetings live on their computer, laptop or PDA device. Archived broadcasts of previous meetings may also be accessed and watched on-line. The Council may take action on any matter noticed herein, and their consideration and action on the matters noticed herein is not limited by the recommendations indicated in the Agenda or staff report(s). The Council may consider and act on items listed on the agenda in any order and thus all those interested in an item listed on the agenda are advised to be present throughout the meeting (see Policy and Procedure A-13). The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise. By policy, no new items of business will be started after 10:00 p.m., unless an exception is made by vote of the Council. ADDRESSING THE COUNCIL Interested persons are entitled to speak on any action item listed on the agenda and are requested to fill out the blue cards available at the rear of the Council Chambers and deposit them with the clerk or at the podium as soon as completed. This will assure that your name and city of residence are accurately recorded in the minutes and that your interest in speaking is recognized. If you wish to speak and are not recognized by the Mayor, please approach the podium prior to completion of discussion on the item. Speakers are allowed up to three minutes each, and if a large group wishes to express its views, it is more effective to have one spokesperson. Items on the "Consent Calendar" are not discussed individually but are approved as a group with one motion. If a citizen wishes to speak on an item on the Consent Calendar, he or she may come to the podium at the time announced by the Mayor and request that the item be pulled for discussion by the Council. Anyone wishing to address the Council on a nonagenda item may do so during the "Oral Communications" part of the agenda. Speakers are allowed to speak one time on any number of topics for up to three minutes. Reducing Time For Public Input: For any single agendized item and for Oral Communications from the Public, if there appears to be 15 or more speakers and the Council might not be able to conclude the scheduled agenda items for the meeting if speakers were allotted three (3) minutes each, the Mayor may reduce speaking time to no less than two (2) minutes per speaker unless there is an objection from Council, in which case majority vote shall decide the issue without debate. City of Mountain View Page 5 of 5

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